Published: Wednesday, September 11, 2013 at 11:19 a.m.

Last Modified: Wednesday, September 11, 2013 at 11:19 a.m.

Newly reinstated Commissioner Brian Berger made his first public appearance in months on Wednesday when he appeared in New Hanover County court to face charges of driving while impaired.

The case was eventually continued for the fourth time, to Dec. 10 – nearly a year after the original incident.

Berger was charged with a DWI on Dec. 18, 2012, marking Berger's third arrest since he was elected to the board of commissioners in 2010.

When stopped by Wilmington police, Berger's blood-alcohol content was 0.08, above the legal limit in North Carolina, according to a blood sample taken the night of the incident.

New Hanover County District Attorney Ben David said the case had to be continued again because of some "complicating factors." He said officials are still waiting on all of the test results to come back on Berger's blood sample. These tests would let them know if there were any other substances in Berger's system at the time of his arrest, David said.

There are also other issues Berger's attorney has brought up during the previous court appearances, such as the potential need for an outside judge to eliminate any bias and the fact that the arresting officer now works in New Jersey.

Berger's DWI arrest was one of the pieces of evidence his fellow commissioners brought forward during the amotion hearing that removed Berger from the board back in May.

Berger appealed his removal to the N.C. Superior Court and was reinstated last week.

Berger and his attorney, James "Buddy" Allard of the Wilmington law firm Hewlett, Collins and Allard, L.L.P., waited for more than three hours to find out if the case would be continued. Berger passed the time by reading out of a small orange Bible he brought with him to court and by responding to others in the court room that congratulated him for making it back on the board.

Berger declined to comment to the press Wednesday saying that it "did not feel appropriate in this setting" and that it was "not appropriate on the anniversary of 9/11." He directed all questions to Allard.

Allard did not return calls for comment Wednesday.

Samantha Dooies, David's assistant, said the DA's office expects the hearing to be "lengthy by district court standards" on the newly scheduled date. The DA plans to bring forward significant evidence and multiple witnesses at that time.

A new judge for the case has not yet been assigned, Dooies added.

Berger's DWI arrest last December occurred when the commissioner allegedly made an illegal left turn around 2 a.m. in the 200 block of Market Street.

According to the arresting officer, Berger had difficulty pulling to the side of the road, fumbled his paperwork, had red, glassy eyes with dilated pupils, admitted to drinking and smelled of alcohol.

<p>Newly reinstated Commissioner <a href="http://www.starnewsonline.com/section/topic9976"><b>Brian Berger</b></a> made his first public appearance in months on Wednesday when he appeared in New Hanover County court to face charges of driving while impaired.</p><p>The case was eventually continued for the fourth time, to Dec. 10 – nearly a year after the original incident.</p><p>Berger was charged with a DWI on Dec. 18, 2012, marking Berger's third arrest since he was elected to the board of commissioners in 2010.</p><p>When stopped by Wilmington police, Berger's blood-alcohol content was 0.08, above the legal limit in North Carolina, according to a blood sample taken the night of the incident.</p><p>New Hanover County District Attorney <a href="http://www.starnewsonline.com/section/topic80"><b>Ben David</b></a> said the case had to be continued again because of some "complicating factors." He said officials are still waiting on all of the test results to come back on Berger's blood sample. These tests would let them know if there were any other substances in Berger's system at the time of his arrest, David said.</p><p>There are also other issues Berger's attorney has brought up during the previous court appearances, such as the potential need for an outside judge to eliminate any bias and the fact that the arresting officer now works in New Jersey.</p><p>Berger's DWI arrest was one of the pieces of evidence his fellow commissioners brought forward during the amotion hearing that removed Berger from the board back in May.</p><p>Berger appealed his removal to the N.C. Superior Court and was reinstated last week. </p><p>Berger and his attorney, James "Buddy" Allard of the Wilmington law firm Hewlett, Collins and Allard, L.L.P., waited for more than three hours to find out if the case would be continued. Berger passed the time by reading out of a small orange Bible he brought with him to court and by responding to others in the court room that congratulated him for making it back on the board.</p><p>Berger declined to comment to the press Wednesday saying that it "did not feel appropriate in this setting" and that it was "not appropriate on the anniversary of 9/11." He directed all questions to Allard.</p><p>Allard did not return calls for comment Wednesday.</p><p>Samantha Dooies, David's assistant, said the DA's office expects the hearing to be "lengthy by district court standards" on the newly scheduled date. The DA plans to bring forward significant evidence and multiple witnesses at that time. </p><p>A new judge for the case has not yet been assigned, Dooies added. </p><p>Berger's DWI arrest last December occurred when the commissioner allegedly made an illegal left turn around 2 a.m. in the 200 block of Market Street.</p><p>According to the arresting officer, Berger had difficulty pulling to the side of the road, fumbled his paperwork, had red, glassy eyes with dilated pupils, admitted to drinking and smelled of alcohol.</p><p><i></p><p>Ashley Withers: 343-2223</p><p>On <a href="http://www.starnewsonline.com/section/news41"><b>Twitter</b></a>: @AshleyWithers</i></p>